The Trouble with Kyla: Review of Kyla Testing app and service

The Trouble with Kyla Review: Why This “Seems too good to be true” service is just that.

The Trouble with Kyla Review: Why This “Seems too good to be true” service is just that.

Kyla, the great looking app that tracks employee COVID-19 symptoms, offers a great looking self-reporting portal and RT-PCR testing at nearly half the price is making a big splash with employers and private schools alike.

Kyla COVID-19 test services are priced at $65 to $85 per RT-PCR test and include the on-site collection service that we and other companies charge $150 to $200 per test to deliver. So we wondered, knowing how much it costs to buy the raw materials and actually assay an RT-PCR test, how is that possible?

After looking into Kyla, and –most importantly- their Service Contract, we have found that yes, the prices are what’s stated but there is a caveat and this contract is very different than what we typically see from COVID-19 testing companies because it allows the company to change the test they use, and change the price.

The only thing you are guaranteed to get per their contract is the app for about $10/month.

The testing service and prices they advertise? None of that is guaranteed by their contract. In fact, their contract states TWICE that they have no obligation to deliver the testing services at all and no obligation to adhere to the prices they offer for the testing service.

This is what the contract says regarding test prices and Kyla’s right to “downgrade Employers selected Testing Option…”:

1.2 Service Options and Pricing. As of the time of this Agreement, Kyla offers multiple distinct service options to Employers for use of the Kyla Technology Suite (“Technology Fee”) and facilitation of COVID19 diagnostic testing to Employees (“Testing Fee”), with a combination of fixed and variable pricing per Employee per month (“PEPM”) as set forth on the schedule attached hereto as Exhibit A…Employer acknowledges and agrees that Kyla may, at any time during the Term of this Agreement, downgrade Employers selected Testing Option to a lesser priced Testing Option if, in its sole discretion, determines that the Health Care Providers cannot reasonably provide the frequency or manner of service contemplated by the Testing Option selected. Kyla additionally offers optional Outbreak Prevention Services as described in section 2.4.

What does that mean in simple terms? It means that if Kyla determines it can’t send someone to do your company testing, Kyla, without your input or having any say in the matter, can change the type of test you get or the type of service you get.

What’s further troubling about this type of contract is that you are paying in advance for a service you might not ever get when you need it.

Kyla’s “Outbreak Prevention Service”- the one where you can pay an  additional $1,000 for them to be at your place within 24-48 hours because you are having an outbreak- that’s not guaranteed available at all.

Here is the contract language in the Kyla Service Agreement that allows them to decline a service request:

2.4 Outbreak Prevention Fee. Employer may request emergency on-site diagnostic testing of Employees (“Outbreak Prevention Service”), which will be facilitated within 24-48 hours of request for a variable price as set forth on the schedule attached hereto as Exhibit A (“Outbreak Prevention Fee”). Employer acknowledges and agrees that Kyla does not, and cannot, warrant or guarantee to Employer that the Health Care Provider(s) will be able to perform Outbreak Prevention Service at all times during the Term.

So what’s the takeaway?

We believe contracts should guarantee delivery of product and performance, and prefer testing agreements that obligate providers to use the test you want for the price offered.

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